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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr James Eistoune v Beatoune and Browne. [1649] 1 Brn 400 (30 June 1649)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Mr James Eistoune
v.
Beatoune and Browne
30 June 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension by Mr James Eistoune against Beatoune and Browne, the reason for eschewing the failyie of not-delivery of so many soldiers, which was the double of the money given, was sustained; because the said Eistoune, principally bound, might have altered his mind, contrary to his bond; since Bruce of Stanehous did not go captain of that expedition, but transferred his right to Browne, who was not so honourable a man to follow as Bruce was. Yet the Lords ordained the money received to be re-delivered; which was enough for a cautioner, to give, to an executor; suppose Beatoune pretended him to have satisfied Colonel Sir James Douglas, to whom he was cautioner for Browne.
Page 29.
The electronic version of the text was provided by the Scottish Council of Law Reporting